- 1 - NC: 2025:KHC:18262-DB W.P. No.12382/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO.12382 OF 2025 (GM-MM-S) BETWEEN: 1. M/S JANAPRIYA RMC NO-90, BASEMENT-01, 1ST MAIN ANJENYA TEMPLE, ASHWATH NAGAR RMV EXTENSION, 2ND STAGE BENGALURU-560094 REPRESENTED BY ITS PARTNER MR. GAJENDRA BABU .R SON OF MR. RAJANNA AGED ABOUT 41 YEARS. …PETITIONER (BY SRI. MAHENDRA S.S. ADV.,) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY (MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA 1ST FLOOR, BENGALURU - 560 001. 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001. 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHIKKABALAPURA -562101. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18262-DB W.P. No.12382/2025 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY ROOM NO SA-10, 2ND FLOOR JILLADALITHA BHAVAN, PATTENAHALLI SIDLAGATTA ROAD CHIKKABALAPURA-562101. …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING AND SETTING ASIDE THE ORDER DATED 04.04.2025 PASSED BY THE RESPONDENT No-3 THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, WHICH HAS CANCELLED THE QUARRY LEASE OF THE PETITIONER AND PRODUCED AS ANNEXURE-A & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR. JUSTICE H.P.SANDESH) Heard learned counsel for the petitioner and learned Additional Government Advocate for respondents. 2. The learned counsel appearing for the petitioner pointed out that without giving an opportunity, lease was - 3 - NC: 2025:KHC:18262-DB W.P. No.12382/2025 cancelled. In support of his argument, he placed on record Annexure-L, wherein lease was granted on 13.09.2019 for a period of 20 years and without affording an opportunity, the same was cancelled and the same is in clear violation of principles of natural justice. 3. The counsel also relied upon the order passed by this court in W.P.No.24411/2024 dated 4th day of December 2024 and brought to notice of this Court paragraph No.8, wherein an observation is made that when query activities were carried out without giving an opportunity, there cannot be any such order. 4. The learned Additional Government Advocate for respondents would submit that impugned order may be set aside and an opportunity may be given to the petitioner by issuing fresh show cause notice to the petitioner. 5. Having considered the grounds which have been urged in the Writ Petition as well as the submission of learned Additional Government Advocate for respondents, when the learned counsel for petitioner relies upon Annexure-L that there is a lease agreement which is for a period of 20 years and - 4 - NC: 2025:KHC:18262-DB W.P. No.12382/2025 without giving an opportunity, an order has been passed and the same is covered by the order of this Court in W.P.No.24411/2024, this court would like to extract paragraph No.8 of the order which reads as hereunder: “The impugned notice/order references various factual matters, including Notifications from 1900 and 1964. Once the statutory clearances were obtained, the quarry lease was granted and quarrying activities were permitted, a right was vested in the petitioner to continue such activities for the duration of the lease. While this right may be revoked or cancelled, such action must be carried out in accordance with the due process of law. When a notice is issued calling upon the petitioner to explain why quarrying activities should not be halted, the authorities are required to provide the grounds for such a notice by supplying relevant documents that would enable the petitioner to adequately respond. The impugned notice/order fails to provide such an opportunity or NC:2024:KHC:50159-DB the necessary documents for the petitioner’s defense. This factual position remains undisputed.” 5. Having considered the grounds which have been urged and also the observation made by this Court in the above Writ Petition, an opportunity has to be given to the petitioner by issuing a show cause notice and thereafter, take decision in - 5 - NC: 2025:KHC:18262-DB W.P. No.12382/2025 accordance with law and the order impugned is not sustainable in the eye of law. 6. Accordingly Writ Petition is disposed of. Sd/- (H.P.SANDESH) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE ST List No.: 1 Sl No.: 34